4506.17
Implied consent to tests - effect of refusal.

(A)
Any
person who holds a commercial driver's license or operates a commercial motor
vehicle requiring a commercial driver's license within this state shall be
deemed to have given consent to a test or tests of the person's whole blood,
blood serum or plasma, breath, or urine for the purpose of determining the
person's alcohol concentration or the presence of any controlled substance or a
metabolite of a controlled substance.

(B)
A
test or tests as provided in division (A) of this section may be administered
at the direction of a peace officer having reasonable ground to stop or detain
the person and, after investigating the circumstances surrounding the operation
of the commercial motor vehicle, also having reasonable ground to believe the
person was driving the commercial vehicle while having a measurable or
detectable amount of alcohol or of a controlled substance or a metabolite of a
controlled substance in the person's whole blood, blood serum or plasma,
breath, or urine. Any such test shall be given within two hours of the time of
the alleged violation.

(C)
A person
requested to submit to a test under division (A) of this section shall be
advised by the peace officer requesting the test that a refusal to submit to
the test will result in the person immediately being placed out-of-service for
a period of twenty-four hours and being disqualified from operating a
commercial motor vehicle for a period of not less than one year, and that the
person is required to surrender the person's commercial driver's license to the
peace officer.

(D)
If a person
refuses to submit to a test after being warned as provided in division (C) of
this section or submits to a test that discloses the presence of
an amount of alcohol or a controlled substance
prohibited by divisions (A)(1) to (5) of section
4506.15 of the Revised Code
or a metabolite of a controlled substance, the person
immediately shall surrender the person's commercial driver's license to the
peace officer. The peace officer shall forward the license, together with a
sworn report, to the registrar of motor vehicles certifying that the test was
requested pursuant to division (A) of this section and that the person either
refused to submit to testing or submitted to a test that disclosed the presence
of one of the prohibited concentrations of a substance
listed in divisions (A)(1) to (5) of section
4506.15 of the Revised Code or a
metabolite of a controlled substance. The form and contents of the report
required by this section shall be established by the registrar by rule, but
shall contain the advice to be read to the driver and a statement to be signed
by the driver acknowledging that the driver has been read the advice and that
the form was shown to the driver.

(E)
Upon
receipt of a sworn report from a peace officer as provided in division (D) of
this section, or upon receipt of notification that a
person has been disqualified under a similar law of another state or foreign
jurisdiction, the registrar shall disqualify the person named in the
report from driving a commercial motor vehicle for the period described below:

(2)
Upon
an incident of refusal or of a prohibited concentration of alcohol, a
controlled substance, or a metabolite of a controlled substance after one or
more previous incidents of either refusal or of a prohibited concentration of
alcohol, a controlled substance, or a metabolite of a controlled substance, the
person shall be disqualified for life or such lesser period as prescribed by
rule by the registrar.

(F)
A
test of a person's whole blood or a person's blood serum or plasma given under
this section shall comply with the applicable provisions of division (D) of
section 4511.19 of the Revised Code and
any physician, registered nurse, emergency medical technician-intermediate,
emergency medical technician-paramedic, or qualified technician, chemist, or
phlebotomist who withdraws whole blood or blood serum or plasma from a person
under this section, and any hospital, first-aid station, clinic, or other
facility at which whole blood or blood serum or plasma is withdrawn from a
person pursuant to this section, is immune from criminal liability, and from
civil liability that is based upon a claim of assault and battery or based upon
any other claim of malpractice, for any act performed in withdrawing whole
blood or blood serum or plasma from the person. The immunity provided in this
division also extends to an emergency medical service organization that employs
an emergency medical technician-intermediate or emergency medical
technician-paramedic who withdraws blood under this section.

(G)
When
a person submits to a test under this section, the results of the test, at the
person's request, shall be made available to the person, the person's attorney,
or the person's agent, immediately upon completion of the chemical test
analysis. The person also may have an additional test administered by a
physician, a registered nurse, or a qualified technician, chemist, or
phlebotomist of the person's own choosing as provided in division (D) of
section 4511.19 of the Revised Code for
tests administered under that section, and the failure to obtain such a test
has the same effect as in that division.

(H)
No
person shall refuse to immediately surrender the person's commercial driver's
license to a peace officer when required to do so by this section.

(I)
A
peace officer issuing an out-of-service order or receiving a commercial
driver's license surrendered under this section may remove or arrange for the
removal of any commercial motor vehicle affected by the issuance of that order
or the surrender of that license.

(1)
Except for civil actions arising out of
the operation of a motor vehicle and civil actions in which the state is a
plaintiff, no peace officer of any law enforcement agency within this state is
liable in compensatory damages in any civil action that arises under the
Revised Code or common law of this state for an injury, death, or loss to
person or property caused in the performance of official duties under this
section and rules adopted under this section, unless the officer's actions were
manifestly outside the scope of the officer's employment or official
responsibilities, or unless the officer acted with malicious purpose, in bad
faith, or in a wanton or reckless manner.

(2)
Except for civil actions that arise out of the operation of a motor vehicle and
civil actions in which the state is a plaintiff, no peace officer of any law
enforcement agency within this state is liable in punitive or exemplary damages
in any civil action that arises under the Revised Code or common law of this
state for any injury, death, or loss to person or property caused in the
performance of official duties under this section of the Revised Code and rules
adopted under this section, unless the officer's actions were manifestly
outside the scope of the officer's employment or official responsibilities, or
unless the officer acted with malicious purpose, in bad faith, or in a wanton
or reckless manner.

(K)
When
disqualifying a driver, the registrar shall cause the records of the bureau of
motor vehicles to be updated to reflect the disqualification within ten days
after it occurs.

(L)
The registrar
immediately shall notify a driver who is subject to disqualification of the
disqualification, of the length of the disqualification, and that the driver
may request a hearing within thirty days of the mailing of the notice to show
cause why the driver should not be disqualified from operating a commercial
motor vehicle. If a request for such a hearing is not made within thirty days
of the mailing of the notice, the order of disqualification is final. The
registrar may designate hearing examiners who, after affording all parties
reasonable notice, shall conduct a hearing to determine whether the
disqualification order is supported by reliable evidence. The registrar shall
adopt rules to implement this division.

(M)
Any
person who is disqualified from operating a commercial motor vehicle under this
section may apply to the registrar for a driver's license to operate a motor
vehicle other than a commercial motor vehicle, provided the person's commercial
driver's license is not otherwise suspended. A person whose commercial driver's
license is suspended shall not apply to the registrar for or receive a driver's
license under Chapter 4507. of the Revised Code during the period of
suspension.

(N)
Whoever
violates division (H) of this section is guilty of a misdemeanor of the first
degree.

(O)
As used in
this section, "emergency medical technician-intermediate" and "emergency
medical technician-paramedic" have the same meanings as in section
4765.01 of the Revised
Code.